Author name: SpicyIP

Dura-Line v. Jain Irrigation: Where the Design’s Test Holds Water but TSM Leaks

Explaining the Delhi High Court judgement in Duraline v Jain Irrigation, Srishti Gaur highlights how it stands out for its findings on design infringement, but falls short on the obviousness analysis of the suit patent. Srishti is a third-year student at National Law University, Delhi. Her previous post can be accessed here. Dura-Line v. Jain Irrigation: Where the Design’s Test Holds Water but TSM Leaks By Srishti Gaur On 19th May, 2025, in Dura-Line India Pvt Ltd v Jain Irrigation […]

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Similar Isn’t Identical? How the Roche v. Zydus Judgment Interprets Section 104A

The Delhi High Court, in its recent Pertuzumab patent dispute decision, interpreted the application of Section 104A in biologics patent disputes. Breaking down the decision, Subhalaxmi Mukherjee writes on what the provision seeks to prevent and how the Court clarified its scope to curb fishing expeditions in pharma patent disputes. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a wide range of public and commercial

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Webinar on Breaking Barriers to SMA (Spinal Muscular Atrophy) Treatment (August 8)

The Working Group on Access to Medicines and Treatment invites you to a webinar on breaking barriers to SMA (Spinal Muscular Atrophy) Treatment. The webinar will be conducted on August 8, 6:30 PM. Please read below for the details. Webinar on Breaking Barriers to SMA (Spinal Muscular Atrophy) Treatment (August 8) Persons with Spinal Muscular Atrophy (SMA) in India face more than a medical diagnosis—they endure systemic delays, financial ruin, and legal battles merely to live. While life-saving treatments like Risdiplam

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The “Mc”Monopoly: Is McDonald’s Building a Trademark Empire on a Single Prefix? 

Discussing the recent trademark dispute between fast food giant McDonald and Gujarat-based entity McPatel, Siri Gudapati looks at the family of marks concept under the Indian trademarks law and the ill effects of granting exclusivity on prefixes like “Mc”. Siri is a recent BA LL.B. (Hons.) graduate from Jindal Global Law School, and is passionate about intellectual property, technology, media and entertainment law. She was also a part of the SpicyIP Summer School, 2025. The “Mc”Monopoly: Is McDonald’s Building a

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Too Common to Claim? Rethinking Trademark Boundaries in Colour Protection

Discussing Cal HC’s July 25 interim injunction order in Exide v. Amara, Srishti Gaur explains how the case exemplifies a slippery slope of granting trademark protection over colour schemes. Srishti is a third-year student at National Law University, Delhi. Too Common to Claim? Rethinking Trademark Boundaries in Colour Protection By Srishti Gaur Recently, the Calcutta High Court in Exide Industries Limited v Amara Raja Energy and Mobility Limited granted an interim injunction against Amara Energy from using the red and

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Seeing Red, Silencing Truth: The Theft and Caste-Washing of ‘Sevvarali Poocharam’

On the Sevvarali Poocharam plagiarism, misrepresentation allegations, Anjali Tripathi writes on appropriation and whether the Indian copyright and other IP laws are equipped to handle such sensitive cases alleging caste based appropriation. Anjali is a fourth-year law student at JGLS with an interest in IP rights, access to education, and the creative arts. Her previous posts can be accessed here. Seeing Red, Silencing Truth: The Theft and Caste-Washing of ‘Sevvarali Poocharam’ By Anjali Tripathi Imagine working for years on something

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SpicyIP Tidbit: No Work, No Relief? Re-examining the Non-Working of Patents as a Ground to Deny an ad Interim Injunction

[This post is authored by Neha Srikanth. Neha is a fourth-year law student at the School of Law, CHRIST (Deemed to be University) Bangalore. She is interested in IPR & TMT Laws.] In Conqueror Innovations v. Xiaomi, the Delhi High Court (“DHC”) recently rejected the application for an interim injunction in a patent dispute. In doing so, the Court held that Conqueror Innovations had failed to establish a prima facie case of infringement through their claim mapping. However, interestingly, the Court

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Holes in Reasoning? How the Judgement in Crocs v Bata Might be Misunderstood

Taking forward the discussion on the Delhi High Court’s recent Crocs US v. Bata judgment, Priyam Mitra highlights how the Court might not have confused the concepts of design and trade dress. Priyam is a 3rd year student at the National Law School of India University, Bengaluru. He is interested in contemporary discussions surrounding intellectual property and criminal law.  Holes in Reasoning? How the Judgement in Crocs v Bata Might be Misunderstood By Priyam Mitra A division bench of the Delhi High

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The Knowledge Gap in Action: Newgen v. VCare and the Realities of Modern Contracting

Discussing the recent Delhi High Court decision in Newgen v. VCare, Yohann Titus Mathew analyzes the order through the lens of Mateusz Grochowski’s paper- Knowledge Gap in Contract Law, to explain why modern contracts must be drafted keeping today’s fast-paced economy in mind. Yohann is a fourth-year B.Sc. LL.B. (Hons.) [Cyber Security] student at the National Law Institute University, Bhopal. He is interested in a wide range of law, spanning corporate law, data protection, intermediary liability, and intellectual property. He’s especially

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Suitcases v Shoes: Who Really Owns Carlton?

Recently, the DHC in VIP v. Carlton has held that in passing off cases, the goodwill of a mark abroad will be irrelevant unless accompanied by evidence of its goodwill in India. Analysing the judgement, Shailraj Jhalnia explains the international jurisprudence on goodwill and some of the issues that may arise due to this judgement. Shailraj is a third year law student pursuing B.A. LL.B. from National Law School of India University, Bangalore, with a keen interest in IP Law,

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